The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1437 contributions
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
Yes, but it is a UK Government bill, so it is my job to point out where it has implications for our devolved responsibilities in Scotland. Issues in and around immunity, so far as they impact on Scotland, would be for the Lord Advocate. Access to justice issues would be a matter for our courts.
I am cognisant of the fact that all political parties in Northern Ireland have raised concerns about the bill, but it is my duty to be clear to the Parliament about my objections in terms of the matters in and around the LCM and the fact that the bill continues to cut across the powers of the Lord Advocate. That is a cornerstone—it is not a technical matter but a fundamental cornerstone—of how our criminal justice system works and of how deaths are investigated in Scotland. As members would expect, the Scottish Government has strong views on the ability of the Secretary of State for Northern Ireland to not even inform, never mind not consult, us if he steps into devolved areas. These are more than technical matters; they are fundamental.
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
I would have to seek advice on that. There has certainly been correspondence between the two Governments and between the Lord Advocate and the UK Government.
On an alignment of views, as I said in my opening remarks, we welcome the movement that has been made by the UK Government to reduce the impact on the Lord Advocate’s discretion and powers. Nonetheless, the commission still has the ability to grant immunity, which fundamentally cuts across the Lord Advocate’s powers.
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
I do not know the answer to that. Officials will keep me right, but you will understand that I would not comment on any live investigations, if there were any.
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
We all appreciate the intent, but the issue is about how things operate in practice.
I point Mr Findlay to the fact that the Scottish Government has some very specific concerns in relation to how devolution operates in Scotland, the powers of the Lord Advocate and the ability of people who are resident in Scotland and who have been impacted by the troubles to access justice via the Scottish courts when the powers of the commission close off opportunities to seek redress, either civilly or criminally. Those are concerns for us here, in Scotland.
We are not a lone voice in expressing concerns—I point the member to the concerns that have been raised across political parties in Northern Ireland with respect to the bill.
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
As the Cabinet Secretary for Justice and Home Affairs, I trust our court system and our system of prosecution. While we will continue to seek to engage the UK Government on further amendments, as you would expect us to do, the bottom line is that the UK Government can proceed with the bill. Mr Greene will be aware of my dissatisfaction with that type of arrangement, but that is the reality that we are in. I suppose that I would dispute the premise of aspects of his question.
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
Okay—that is fine.
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
Pushing the UK Government?
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
I cannot comment on that.
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
What I can say, if it is helpful, convener, is that we understand that there are no live cases.
Criminal Justice Committee
Meeting date: 21 June 2023
Angela Constance
I do not know. I would have to go and check that information. If Mr Findlay wants a bit of an overview of how the bill will impact on issues such as prisoners and prisoner transfer, I could ask Ms McKinlay to provide that.